FederalismChapter 4

National Powers

•Delegated Powers - Powers specifically granted in the Constitution.

Expressed Powers– Powers directly expressed or stated in the Constitution by the founders. AKA- enumerated powers. Can be found in

Articles of the Constitution. Examples: collecting taxes, regulating

trade, declaring war.

National Powers

•Implied Powers- Powers not listed in the Constitution but are implied (suggested).▫Necessary and Proper clause, Art 1

Section 8- Congress can “make all laws which shall be necessary and proper” for carrying out its duties. AKA - “The Elastic Clause”

▫Helps the government strengthen and expand as needed.

▫Example: The Federal Reserve System (The Fed).

National Powers

•Inherent Powers- Powers that the government may exercise simply because it is a government. ▫Example: Congress regulates immigration

and acquires territory.

State Powers• The Constitution reserves

certain powers for the States.▫ Reserved Powers- Powers

granted to the states through the 10th Amendment. Example: Establish local

governments, conduct elections, set up public schools, ratify amendments.

State Powers

•Supremacy Clause, Art. 6, sect. 2▫“This Constitution, and the Laws of the

US…shall be the Supreme Law of the Land…”

▫States may not pass laws that defy the Constitution.

Concurrent Powers• Powers that both the

national government and states have.▫ Example: Collect taxes,

borrow money, make and enforce laws.

▫ See Venn Diagram on page 93.

Exclusive Powers

•Most of the Powers that the constitution delegates to the National Government.

•These powers can be exercised by the National Government alone.

•Cannot be exercised by the States under any circumstances.

The Supremacy Clause

•Defines the order of things in the US, with the US Constitution being the highest law of the land…from bottom to top:5. City and County Charters and Ordinances4. State Statutes3. State Constitutions2. Acts of Congress and Treaties1. United States Constitution

Guarantees to the States

•The Constitution allows the National government to do 3 things for the states:

1. Must guarantee each state a republican form of government.2. Must protect states from invasion and domestic violence.3. Has the duty to respect the territorial integrity of each state.

Cooperative Federalism• The federal government

helps the state governments, or vice-versa.

Example: Disaster Relief1. Local government responds,2. The State Responds, 3. Damage Assessment,4. A Major Disaster Declaration by the Governor,5. FEMA Evaluates and makes a recommendation to the President,6. The President Approves.

Katrina

Federal Grants-in-Aid

•Grants-in-aid Programs- Grants of federal money or other resources to the States and/or their local governments.▫Example: schools and colleges, roads and

canals, flood control…▫Morrill Act of 1862-grant money given to

many states to start state colleges.

Revenue Sharing•From 1972-1987, Congress gave a huge

share of it’s annual tax $$ to the states, no strings attached.

•The only restriction on this money was that it could not support a program that discriminates…

•States liked this program, but because of budget restraints, the US government cut it in the 1980’s.

Types of Federal Grants• Categorical Grants: made

for a specific purpose, they have conditions (ex- airport construction).

Types of Federal Grants•Block Grants:

(very popular) more broadly defined, health care, social services, welfare…

Types of Federal Grants

•Project Grants: Made to states, and sometimes private agencies. ▫These grants often fund research or job

training.

Admitting New States

•A new state cannot be created by taking territory from one or more of the existing States without the consent of the legislatures involved.

•Only Congress has the power to admit new states.

Admission Process

•The area requesting statehood must make a request to Congress.

•Enabling Act- An act directing the people of the territory to frame a proposed State Constitution. The enabling act must be passed by the Senate.

•The people of the state must pass the constitution.

Admission Process

•If the people pass the constitution, then it is submitted to Congress.

•Act of Admission- An act creating the new State.

•The President must sign the act.

Conditions

•Utah was only admitted if it outlawed polygamy.

•Alaska was only admitted as long as it did not claim any land belonging to the Native Americans.

Interstate Relations

•Parts of the Constitution deal with how the States must interact and treat one another.▫States may not make treaties with one

another, but with Congress’ permission, they may make Interstate Compacts.

Interstate Compacts

•These are agreements among the States that focus on solving problems they share. ▫Example: share law-enforcement

information about criminals and juvenile delinquents.

▫Natural resources, tax collections, cooperative use of colleges.

Full Faith and Credit•Article IV, states, “Full Faith and Credit

shall be given in each State to the public acts, records, and judicial proceedings of every other State.” ▫Each state must honor the laws, records

and court decisions of each state.▫Applies only to civil matters.▫There are limits, like divorce. May only

divorce in the state you reside.

Exceptions

• It applies to Civil, not criminal matters (one state can’t be expected to enforce another state’s laws).

• Certain divorce cases (where/when the couple were married, were they citizens of that state?).

Interstate Citizenship

•Privileges and Immunities Clause:▫No state can discriminate against a person

who lives in another State. ▫Does not apply to voting rules or stage

college tuitions.

Extradition

•The legal process in which a person running from police in one State is returned by the police of another State.

•1987 – Puerto Rico V. Branstad, the Supreme Court ruled that federal courts can order a governor to extradite someone.

Should States be Required to Enforce Federal Laws?•Pg. 109, Read the case and answer ?s 1-3.•Answer thoroughly and legibly. •Turn in when finished.